EXACTLY, oral arguments JUST ended, and Elena had all her claws into the Nebraska Solicitor General (with assists from Sotomayor and Jackson).
The government argued vigorously about STANDING and how Myra Brown has no concrete injury. Elena Kagan drove home that point whenever she could, defending her beloved 4th branch.
No question that if this case survive STANDING, it seems almost certain to conclude it's a MQD violation.
Just like the NWS is "in the FHFA's and by extension the public it serves best interests", it seems like it MAYBE in violation of the MQD.
Let's see if the Myra Brown Plaintiff in the student loan forgiveness case has standing AND the SCOTUS elaborates more bright lines on the MQD.